10 U.S.C. § 12405

National Guard in Federal service: status

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Members of the National Guard called into Federal service are, from the time when they are required to respond to the call, subject to the laws and regulations governing the Army or the Air Force, as the case may be, except those applicable only to members of the Regular Army or Regular Air Force, as the case may be.

Notes of Decisions

Cited in 7 cases (4 in the last 5 years), 1997–2026 · leading case: United States v. Wilson, 53 M.J. 327 (C.A.A.F. 2000).

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United States v. Wilson, 53 M.J. 327 (C.A.A.F. 2000). · cites it 2× “See 10 USC § 12405 ; Self , supra at 135. When appellant departed from his unit without leave, his unauthorized absence suspended the terminal date of his orders under the laws and regulations generally applicable to persons on active duty.”

Trankel v. State, Dept. of Military Affairs, 938 P.2d 614 (Mont. 1997). “Members of the “Army National Guard of the United States” who have been ordered to active duty become reserves of the Army, 10 U.”

United States v. DiMuccio, 61 M.J. 588 (A.F.C.C.A. 2005). “The distinction between Title 10 active duty status and Title 32 state militia status is significant.”

Larry Greene v. Dep't of the Army (MSPB 2023). “§ 10107 (quoted here); see 6 10 U.S.C. § 12405 (indicating that members of a National Guard are subject to Army or Navy “laws and regulations,” as applicable, when “called into Federal service”).”

Trump v. Illinois (2025). “” 10 U. S. C. §12405 . Cite as: 607 U. S. ____ (2025) 15 ALITO, J.”

United States v. Specialist YORUBA J. JONES (A.C.C.A. 2026). “” 10 U.S.C. § 12405 ; see also 10 U.S.C. § 12301 (d), 12302(a); 10 U.”

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